Fifth Third Bank v. O'Brien et al.,
| Jurisdiction | Ontario |
| Judge | MacPherson, Cronk and Lauwers, JJ.A. |
| Court | Court of Appeal (Ontario) |
| Citation | 2013 ONCA 5,[2013] O.A.C. Uned. 4,[2013] O.A.C. Uned. 4 (CA) |
| Date | 10 January 2013 |
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7 practice notes
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Top 5 Civil Appeals From The Court Of Appeal (February 2013)
...Dali v. Panjalingam, 2013 ONCA 24 (Laskin, MacPherson and Gillese JJ.A.), January 18, 2013 Fifth Third Bank v. O'Brien, 2013 ONCA 5 (MacPherson, Cronk and Lauwers JJ.A.), January 10, 2013 1003280 Ontario Inc. v. Canac, A Kohler Company, 2013 ONCA 69 (Epstein, Pepall and Tulloch JJ.A.), Janu......
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U.S. Steel Canada Inc. et al. v. The United Steel Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union et al
...about the proposed use of the Reconveyance Parcel: see Fifth Third Bank v. O’Brien, unreported, CV-09-00387037-000, aff’d 2013 ONCA 5, 4 C.B.R. (6th) [131] The test for collateral attack is clearly articulated in R. v. Wilson, [1983] 2 S.C.R......
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XPG v. Royal Bank
...discretion clause; rather, it was a refusal to advance new credit to an already delinquent debtor. [321] In Fifth Third Bank v. O’Brien, 2013 ONCA 5, the Court of Appeal upheld summary judgment granted by Penny J. against the guarantors of loans made by the bank. The guarantors argued that ......
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Sophisticated Guarantors Held To The Terms Of Their Deal
...should help to close the door on inventive guarantor defences, at least for a few minutes anyways. Footnotes Fifth Third Bank v. O'Brien, 2013 ONCA 5 [O'Brien] 2. The Court of Appeal's judgment does not specify the specific relationship between Cinitel and the Borrower, and between Morton a......
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3 cases
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U.S. Steel Canada Inc. et al. v. The United Steel Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union et al
...about the proposed use of the Reconveyance Parcel: see Fifth Third Bank v. O’Brien, unreported, CV-09-00387037-000, aff’d 2013 ONCA 5, 4 C.B.R. (6th) [131] The test for collateral attack is clearly articulated in R. v. Wilson, [1983] 2 S.C.R......
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XPG v. Royal Bank
...discretion clause; rather, it was a refusal to advance new credit to an already delinquent debtor. [321] In Fifth Third Bank v. O’Brien, 2013 ONCA 5, the Court of Appeal upheld summary judgment granted by Penny J. against the guarantors of loans made by the bank. The guarantors argued that ......
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Willowbrook Nurseries Inc. v. Royal Bank of Canada
...and should not be assessed by a court, after the fact, for objective fiscal prudence. (See Fifth Third Bank v. MPI Packaging Inc. et al. 2013 ONCA 5 at. para. 12-16) Nor was this a case where a bank acted dishonestly by promising additional financial support while secretly planning a receiv......
4 firm's commentaries
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Top 5 Civil Appeals From The Court Of Appeal (February 2013)
...Dali v. Panjalingam, 2013 ONCA 24 (Laskin, MacPherson and Gillese JJ.A.), January 18, 2013 Fifth Third Bank v. O'Brien, 2013 ONCA 5 (MacPherson, Cronk and Lauwers JJ.A.), January 10, 2013 1003280 Ontario Inc. v. Canac, A Kohler Company, 2013 ONCA 69 (Epstein, Pepall and Tulloch JJ.A.), Janu......
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Sophisticated Guarantors Held To The Terms Of Their Deal
...should help to close the door on inventive guarantor defences, at least for a few minutes anyways. Footnotes Fifth Third Bank v. O'Brien, 2013 ONCA 5 [O'Brien] 2. The Court of Appeal's judgment does not specify the specific relationship between Cinitel and the Borrower, and between Morton a......
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Lenders Can Breathe A Sigh Of Relief As The Law Of Guarantees Remains Unchanged
...of a "plain-vanilla standard form bank guarantee" in the context of a business loan (see also Fifth Third Bank v. O'Brien, et al, 2013 ONCA 5). That said, given that much of the decision in the RBC case was focused on the particular language of the guarantee, a close look at the form of gua......
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Fully Secured @ Gowlings: December 19, 2013 - Volume 4, Number 4
...decision should help to close the door on inventive guarantor defences, at least for a few minutes anyways. Fifth Third Bank v. O'Brien, 2013 ONCA 5 [O'Brien] 20. The Court of Appeal's judgment does not specify the specific relationship between Cinitel and the Borrower, and between Morton a......